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Maps, plates, charta. etc., may be filmed at different reduction ratioa. Thoae too large to be entirely included in one expoaura are filmed beginning in the upper left hand corner, left to right and top to bottom, aa many framea aa required. The following diagransa illuatrate the method: Lea cartea, planches, tableaux, etc., peuvant Atre fiim^a i dea taux de reduction diffArents. Lorsque le document est trop grand pour Atra reproduit en un seui clichA, 11 est film6 A partir de Tangle aupirieur gauche, de gauche A droite. et de haut en baa, en prenant ie nombre d'imagea niceaaaire. Lea diagrammes suivants illuatrent la mAthoda. 1 2 3 1 2 3 : 4 * 6 RE A PR] / y : ffx^t, fi^y^ J^/^^d O'..^ )/"/'^ ' AN ACT TO REPEAL TWO CERTAIN ACTS THEREIN jrnNTlOXED RELATING TO AGRICULTURE, AND TO PROVIDE FOR THE REMEDY OF ABUSES PREJUDICIAL TO AGRICULTURE. Wt. ^:-. aUEB EC: PRINTED BY STEWART DERBISHIP & GEORGE DESBARATS, Priutcv to llio Uueeii'd Most Excellent Majesty, 1851. An Act relati reine( to provi certain prevail i Agricult Queen's advice ai the Legi constitut Jintliority United K I intituled, J and Iah Canada, the sun:?, j Canada, ] kte Maje \Act to re Wnore effa Uo Agricu [of Quebei lof King \Ordinanc ij^Je, and th Law then remain re other Acti it relates. ANNO TEKTIO-DECIMO & QUAIlTO-DECIMO VICTORIJE REGINiE. CAP. XL. I An Act to repeal (wo certain Acts therein mentioned relating to Agriculture, and to provide for the remedy of abuses prejudicial to Agriculture. [ \OtJi August y 1850. ] IIEUEAS it is expedient to repeal the ActPrcamWei and Ordinance hereinafter mentioned, and to provide more effectually for the prevention of certain trespasses, abuses and evil practices which prevail in Lower Canada, and retard the progress of Agriculture therein : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legirlative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the jiuthority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, Jin Act to re-unite the ProdmcH of Upper and I-Aswer Canada^ and for the Government of Canada, end it is h'jreby enacted by the authority of the same, That the Act of the Legislature of Lower Repeal of 6 Wm. 4 e. Canada, passed in the sixth year of the Reign of His^^*°'i30Geo.3,c.4. late Majesty King William the Fourth, intituled, An Act to rcj^eal a certain Jlct therein 'mentioned, and tnore cjfectually to remedy divers ahuscs jn'e/udicial to Agricidture, and the Ordinance of the Province of Quebec, passed in the thirtieth year of the Reign of King George the Third, intituled, An Act or Ordinance for jjreventing Cattle from going at large, be, and the same are hereby repealed, but no Act or-^^ - . ^^ .. Law thereby repealed shall revive, but shall be and revive, remain repealed ; this Act being substituted for all other Acts heretofore passed on the subject to which it relates. Penalty for trespc^s. II. And be it enacted, That from and after the ilioSr!^' ''"'*^' "^ passing of this Act, no person shall enter into or pass through any field, whether it be sown or unsown, nor along the banks of any river or rivulet, nor into, nor through any gr.rdcn, coppico or other property whatsoever, v/itliout the pcrrnircion of the proprietor, or Sf'mc pcr.^on dr.!y authorized by him to grr^nt ruch perir.i:cIoi:i, under a penalty of not less tlian five shillii^gc nor more than tliirty diillings currency, for eve:y such oiTence, r.nd over and ebovc the amount of uil dainrg':c occr.Gioncd thereby, any law, usage or custom to tno contrary notwithstanding; v/hich penalty or d-in^ages, or belli, may bo recovered before any one Juctice of tho I'oacc, v/ho shall decide the matter in a summary w?.y: either on vicv/ or on ccnfcjGion of tlio party complained against, or on the Proviso. oath of one credible wiincsc: Provided alv/ays, that it shall be lav/ful for any land'aolder, or for his reprossntativo or servant, to arrest, wi'dicut v/arrant, any pereon taken in the act or contravening this section, and to carry hir.i or cause him to be carried forthv,'ith before one cf tho nearest Justices of the Peace, in order that euch Juetice of the Peace may decide summarily en the complaint. Penalty for destroyirg lil. And be it ensctccl. That any person who shall fences, hedges, trees, igavG Open any gato, cr pral down, cut, break, remove or injurs any fence or part cf any fence, or cut or destroy any hedge, or shall cut, bark, foil or remove any tree^ shrub or plant, or fell or cut or remove any trecj or any part of a troe on the land cf any other person, or take any skiff, scow, batteau cr canoe belonging to any other person from the banks of any river, for any purpose whatsoever, or shall burn any wood on any such land for any purpose whatsoever, without leave from the proprietor or his represent- ative, every such person shall, for every such offence committed in the day time, incur a penalty which shall not be less than five shillings nor more than thirty shillings currency, and shall be double the said sums if the offence be committed in the night How recorcrabie. time, over and above all damages ; which damages ■5 or penj both, n Peace ; down shall b with ar possess the vici landhoj tices accusec be ma( hours, £ to the ( the reqi IV. . Peace, i fringem shall is stable any per the pro appeara Peace, ( and det( one cre( pronoun of this hereby i be levi( of the g cient go penaltie days afti the offei with the always, for a lor cause af V. A] appear t ifter the } or pass unsown, nor into, property oprietor, •r.nt ruch ilian five )r.cy, for amount w, usage ; ; which .^d before icide the v/ or on Dr on the ays, that r for his ViTarrant, ning this s carried ^s of the jace may who shall I, remove 31' cut or r remove nove any ny other cr canoe ks of any burn any atsoever, epresent- h offence ty which lore than luble the the night damages or penalty not exceeding six pounds five shillings, or both, may be recoverable before one Justice of the Peace; and that any person who shall have thrown Detention of offender, down or carried away any part of any fence, or shall be found on any land, highv/ay or by-road, with any portion of the rAatcr:a,Is of any fence in his possesijion, may be detained by any landholder of the vici;:?.ga, or any percon ia the cervice of cuch landholder, and corned betbre one of die nearest Jus- tices of the Peace, vvho may cr.use the person so accused to be clet^iined until more ample enquiry can be made, for any time not exceeding twenty-four hours, and who may deal with such per;jon according to the circumctanccs of the case and according to the requirements of this Act. IV. And be it enacted, That any Justice of the justice to summon Peace, upon complaint on oalh before him of any in- ^«'J'^'•c lum paitieg iringemeut oi the provisions in this Act contained, shall issue his warrant, directed to a bailiff, con- stable or sergeant of militia, for the apprehension of any person charged with any offence against any of the provisions of this Act, or his summons for the appearance before him or any other Justice of the Peace, of any such person, and shall summarily hear and determine upon the complaint, on the evidence of one credible witness other than the prosecutor, and pronounce a judgment according to the requirements Proviso: howpenai- of this Act: Provided always, that the penalties ''''^ *^*" ^« ^'^^''"'f- hereby imposed or authorized to be imposed, shall be levied forthwith by warrant of distress and sale of the goods and chattels of the offender, and if suffi- cient goods and chattels cannot be found, or if the penalties shall remain unpaid for the space of eight days after such conviction, such Justice shall commit the offender to the Common Gaol until such penalty with the costs of prosecution shall be paid ; Provided Proviso. always, that no person shall remain so conunitted for a longer time upon any one conviction for the cause aforesaid than thirty days. V. And be it enacted, That whenever ir shall'vvhenoffradcrisa appear to such Justice of the Peace, by the oath of Kommitted, * "*^ 'Complaint for damages by trespass of anisaals how to b« laid. Fr«viBQ^ ProTiWi "Witnesses may be summoned. the prosecutor, or that of one witness, that an offender against any of the provisions of this Act, is a squatter, or a stranger or person without real property in the Parish or Township, or other means to secure the payment of such penalty and costs imposed under authority of this Act, such Justice of the Peace shall commit him to the Common Gaol for a time not exceeding sixty days. VI. And be it enacted. That for damages sustained by the trespassing of horses, mules, cattle, or other domestic animals, or poultry, any person may lay his complaint before one of the nearest Justices of the Peace, who shall immediately command the Road Surveyor for the Division of the Parish or Township in which the offence is committed, forthwith to give notice to the complainant, as well as to the person or persons complained of, and immediately thereafter to proceed to assess the damages in the presence of the parties, or in their absence when duly notified ; and thereupon the said Road Surveyor shall report the same in writing to such Justice of the Peace, who shall hear the parties, and if good cause be not shown to the contrary, thereupon, allow the prosecutor the amount thereof, with the costs and charges of the view and report, and of prosecution, and shall cause the same to be levied in the manner prescribed by this Act : Provided always, that if on hearing the parties the Justice of the Peace shall see fit to acquit the defendants, then the complainant shall be condemned to pay the costs ; And provided also, that the said Justice of the Peace shall allow to the Road Surveyor a reasonable remuneration for his trouble, and in case of the Road Surveyor being sick, absent, interested or otherwise unable to act, the Justice of the Peace shall name another respectable and competent person. VII. And be it enacted, That every such Justice of the Peace may, on the application of either party, issue subpoenas to compel the attendance of witnesses before him or before the said Road Surveyor or other person named as aforesaid, and may swear them in the usual manner, to give true evidence, and may permiss] seitativi IX. A ■ ; or OCCll Vi straying I detainin 1 offender I squatter, rty in the Dcure the ?ed under eace shall I time not I sustained i, or other may lay ices of the the Road Townslrip th to give le person thereafter •esence of not] lied ; all report eace, who not shown icutor the jes of the lall cause )ed by this he parties acquit the ondemned ,t the said [ Surveyor md in case interested the Peace 5nt person, ch Justice ;her party, r witnesses Dr or other ar them in and may enforce obedience to every such subpoena, and punish or cause to be punished any disobedience thereto, ProvUo. by the usual course of law : Provided that the Road Surveyor, or other person named as aforesaid, shall also have the power to swear such witnesses as may appear before him to give evidence. foSoTn"'^ ""*"*'' Vlir. And be it enacted, That it shall not be lawful ** for any person whomsoever, at any season of the y'ear, to allow his horses, mules, neat cattle, sheep, joats, hogs or any other animal whatever, ori)oultry, to stray upon any land which does not belong to hijn, without the permission of the owner thereofi or of liis representative, or upon any beach, highway or ';)ublic place ; and whenever any horse, mule, neat cattle, sheep, goat or hog, or any other animal what- ever, or poultry, shall be found straying in any such place, the owner of any such horse, mule, neat cattle, iheep, goats, hogs, or any other animal whatever, or joultry, shall (over and above the datnages which I13 may be condemned to pay to the person complain- Penaiiiei for contra- iig) incur the following penalties, that is to say : for^"^""""* each mare, gelding, colt or filly, One Shilling and T.iree pence currency ; for each ox, cow or calf, One fcihilling currency ; for each sheep or goat. Three Psnce currency ; for each hog. Two Shillings and Six P^nce currency ; for each bull or boar or ram. Twenty Shillings currency ; for each stallion, Fifty Shillings currency ; for each goose, duck, turkey or head of other poultry of any kind. Three Pence currency ; and double the said sum for the second time, treble ibr the third time, quadruple the fourth time, and in tliat proportion on every subsequent occasion that sich animals or poultry shall respectively be seen or fciind straying upon any lands or fields without the permission of tlie proprietor thereof or his repre- seitative, or on any highway, beach or public place. Proprietors, &c. of IX. And whereas it is expedient to give proprietors !^"^ '^i^y ^^'ze and ^« • ^11 Txi -T li impound animals or occupiers ot lands, who take annnals or poultr}" straying on their land, straying on their lands or in their fields, the right ot detaining and keeping them until the penalty and dan-ages by this Act attached to the offence committed, 8 ! shall have been paid, Be it enacted, That any pro- prietor or occupier of land, or his servants or representatives, may seize and send to the Pound, or may take and (letain any animal or poultry which he or thoy shall find straying on his land, or in his fields without his pcnnission, and may detail the same until the owner thereof shall have paid the penalty and damages lierchy attached to the offence com- mitted ; and that when any animal shall be seei straying on any beach, road or public place, it shall be lawliil for tlie Road Purveyor, or any Overseer under liim, or for any freeholder whomsoever of tlie l*ari^li or Townsliip, to take and send to the Pound, or to detain sucli animal until the proprietor thereo' shall have paid the line liereby attached to the oflenci Proviso: prjcccJinj^a committed: Provided alwayn, that the person whD in sucn cni-*. ♦' , ^ shall have so taken any animal, shall give notice tliereof as early as possible to theov/ner, if known U him, and to the nearest Pound-Keeper in the Parish or Township, if there be a Pound cstabliGhed therein; and if the owner of Guch animal shall not, witkn twenty-four hours, come forv/ard and claim the sane, and pay to the person seizing or detaining them, the penalty incurred, with the cost of keeping such animal, or if the person detaining it shall not know the owner thereof, he chall cause public notice to ie given that such animal has been so taken and detain«d, with a description thereof, at the doors of the churcles of the Parish or Township on two consecutive Sun- days, immediately after divine service in the forenoon, and in the same manner on the second Sunday at th( doors of the churches in the nearest Parish or Town- ship to the spot where the animal is found, if before that time the owner shall not claim the said animal, and pay the penalty and costs of keeping the samP, in which notice the time and place of sale shall be specified ; or if there should be no church in tlie place, he shall give such other public notice as may be considered sufficient, according to the custom of the Parish or Township or Settlement in which such animal shall be so detained : Provided always, that 'hen n iforesai ind det roats, li lien if I ienally )r tlie j his p ^Uonifay 'given, b f idod al lear soi rojship c(|uent 'ii yuci <»f iudi Ijpund tc under hi C^ absen % tlie c(ciition of any horse, mule, neat cattle, sheep, roats, hogs or any other aiwinnl wliatevcr or poultry, men if such animal or poultry is not clniir.cd and the |enal(y and costs paid r.s r.Ccrci aid, it ; lir.ll be 'invful )r the perijon ^vho .sluillliavd r>U'A\ ■m\i::v.x\ or nonltry 1 Ul.i pOoiicsL'ion, to cf!Uf:c (lie same (o h? r;old on the IHonilay next afUu* the Ir.iit notice ;;ltyll have been tiveti, l)y puUio auction, r.t the hcur of noon : Pro- Provwo. [idcd nlway;-!, t'jat the tjalcl aiii'tion cilia'.I U>]:c place lear some cluirch door or otlirr place cf public „.^ *„ , worship in the localily, or at the moat public and jtor therco^ iRMiucnted place : P.'ovidvd ihc rfr:jons inlL^ndiiiff toPfn^^o- "•'I'^of . „. m XI I '. 1 1 11 • i. 1 , ^ I ) T- "alo: how ihe pro- othe oflencj fell auch annnal bhull x of his aLjcnce, rough fiickncs:.! or ctherv/ise, one of the Overseers fder hi.>: shall, upon beiner of such dog, not exceeding Two Shillings urrency, for each day that such dog shall be suffered o be at large b<*foro the expiration ofthe said forty „ . ays; Provided always^, that in all cases wherein itrrquired. hall be proved before such Justice ofthe Peace, by wo or more witnesses worthy of credit, that the dog oncerning which such complaint shall have been ade, is vicious both with regard to travellers or idden or harnessed horses, and is in the habit of ursuing or biting them, then and in such case, such usticeof the Peace may in the manner herein set forth, rder tho owner or keeper of such dog to kill it or ause it to be killed, and condemn such owner or eeper thereof, to pay, in addition to the costs above lentiontrd, a penalty of Five Shillings currency, for very d.iy such dug shall be allowed to live after the laid order. Provision in case of XIII. And whereas it frequently happens that great '^''"' ^^'^^"^""g ^^eep. ischief is done in the country parts by dogs which ase and strangle sheep ; and whereas it is some- mes very difficult to prove that the mischief has een occasioned by such dogs: Be it therefore Enacted, That it shall be lawful for any person to kill liny dog which shall be seen at large in any field being Pigs at large without rings. When finr, &c. is tendered to pound- keeper, he shall deliver the animal to its owner. Proviso; penalty for rescuing animals impounded. 12 the property or in the occupation of such person or his employer, and chacing or known to have chased sheep, or to complain ihereof to any Justice of the Peace, who shall on Guch co:ruin fur the second time. XV. And be it enacted, That it i:hall be the duty of every keeper of a Pound, when the fine and expenses incurred as above for the damage caused by or for the iLupounding of any horse, mule, neat cattle, sheep, goat, hog or any other animal whatever, shall be tendered to him, to deliver the animal so impounded to t!ie owner thereof, or to any other person duly authorized on his p:'a't, under pain of incurring a penalty not exceeding Ten Ghillings cur- rency, for refusal, and of Five Shillings currency a day, for every day he shall afterwards unjustly detain any such horse, mule, neat cattle, sheep, goat, hog, or any other animal whatever : Provided always, that any person or persons removing or taking away any animal or animals detained for damage done oi' complained of, or who shall rescue such on the way to the Pound or place of detention, shall forfeit and pay a penalty equal to the whole amount of the damagr and penalty to which the owMier of the said animals was subject, and also another and further sum of Ten Shillings currency, and eight days' imprisonment, or either ; and provided also that such proprietor shall have his recourse at law for the recovery of the said animal or animals. XVI. id sumi lay aris litches n le it en 3yor;; o ;t as lui nd so jquired |r dit'jhe XVIi. feyor, ar] Ir sick, c Ir Siirve une Far Ir.snsc Intcrir.^; " jKcec, d the si: lassed in [ears of I 771 ake [imicipa XVlil. •oprieto: |r tenants ie sr.id h '■e lands rom the le duty ( he sha any lai )n, to Ijoining )ur v/he jrsonalb roprieto] lent or \y lands or persoi Iprish 01 13 juch person vn to have any Justice nt oummon ta, and may ride mn audi \y and such rty-five feet in width om the said line : Be it enacted. That it shall be e duty of every Road Surveyor, v/hen and so often he shall be thereunto required by the proprietor any lands in his division, in a fit state of cultiva- n, to visit and examine the said lands and the [joining lands (giving previous notice of the day and ur v/hen such examination v/ill take place, either rsonally or by notice left at the residence of the oprietor or tenant of such adjoining lands, or of his jent or person usually acting in his behalf, and if y lands be not represented by any proprietor, agent person usually acting in his behalf, within the rish or Townslnp, tlien a notice, posted on the 14 Proviso. ^! Church doors of the Parish, or at the most public place of the Township, at least eight days before making such examination, will be sufficient) and the said Road Surveyor shall determine whether the lands of the party requiring the said dccouvert are in the state of cultivation required by law, and if they are, he shall thereupon order the proprietor or tenant of such adjoining lands to make the said dccouvert within a certain time to be fixed by the said Koad Surveyor, which time shall not exceed two months, and if the said proprietor or tenant shall neglect to make the said decouvert within the time so fixed, he shall incur a penalty of Two JShillings and Six Pence currency for each and every arpent in length of such decouvert, (any fraction being reckoned as a whole arpent;) Provided always, that no such decouvert shall extend to any orchard, fiuit tree or maple tree. Penalty on neglect of XIX. And be it enacted. That every Road Surveyor duty by Road Bur- qj. Qverscer ol Roads shall, tor every neglect or refusal to perform any of the duties with which he is hereby charged, when thereunto required, incur a penalty of Ten Shillings currency, to be sued for and recovered in the manner herein provided. Water courses to be XX. And be it enacted. That on or before the SXybtiVym": fifteenth day of July of each and every year, every brook, water course, drain or ditch shall be thoroughly opened, cleansed and rendered lit for the flowing and passing through the same of all water that may during any period of the year flow into the same, and that any person or persons failing so to open and cleanse every part of any ditch, drain, water course or brook which may be upon his land or to which he may by law be 6ubjectf?d, ehall incur and pay a penalty of Two Shillings and Six Pence currency, for each and every day during which such drain, ditch, water course or brook shall remain unopened and uncleansed. XXI. And be it enacted. That it shall be the duty of every Road Surveyor, when and so often as he shall be thereunto required by any person being proprietor or occupant of lands within his division, to Penalty. Road Surveyors to visit fences, &c., when required. 15 isit and examine the drains or ditches and the line Ences separating the la^ids belonging to the complain- it from the lands of any other person, or of the public, jiving previous notice of the day and hour when ich examination will take place, either personally, by notice left at the residence of the person against |hom complaint shall have been made, or of his jent, tenant or person usually acting in his behalf, id if any lands be not represented by any proprietor, rent, tenant or person usually acting in his behalf, [ithin the parish, then a notice, posted on the church )ors of the parish, at least eight days before making ich examination, will be sufficient ;) and the Road irveyor shall determine whether the fence belonging the person against whom such complaint shall have Jen made be sufficient or the drain insufficient to irry off the water ; and if the fence or drain belonging the said party be declared insufficient, such party iall be ordered to make, repair or deepen or clean it the same within a certain time to bo fixed by the lid Road Surveyor, which time shall not exceed |ur days in any case wherein it shall be possible to ^rform the work required within that time ; and in other cases such Surveyor shall allow sucli further ^lay as he shall think necessary ; and if the person )iose fence or drain shall have been so declared (sufficient, shall fail to conform to the order made ^ncerning such fence or drain, such person fchall 3ur a penalty of Two Shillings and Kix Pence [rrency for each and every arpent in length of such ice or drain (any fraction being reckoned as a lole arpent) for each and every day such fence or dn shall remain unrepaired after the expiration of time so fixed ; Provided always, that no fence or Protiso r^^Uat shall lin shall be considered insufficient which shall not^*"^"''*"*^'"*'''' inferior to the fence or drain on the same line or bndary pnd in a similiar position in the same field [enclosure by the party complaining. '.XII. And be it enacted, That it shall be the duty Provision :fthe fence Jvery such Road Surveyor after the expiration ofJS'^jS'^JS,*^^''"^ time he shall have fixed for the making or 16 any water course, repairing of such fence or drain, or deepening or clear- ing of such drain or of making such dccouvert as afore- said, to authorize the party requiring the same, to make ci* repair the said fence or dccouvert or drain, toi proceed to the place and determins upon the value o the Eciid rspairii^g;? cv cf makiiig the Gciid drain or dccciivcrl- ar.d tz e?cn ac tho said work is finislied, the Ciirveyor z\\?\\ determine the value cf tlie same, and chp.Il ^VJQ his ccvtiricate approving the came and staling; l^e value; of the v/ork, and also liis expenses for aUeiiclr.ncc to the p"rty vrho has performed the work, aiicl cuc:i certiricate, if sv^orn to hy the Surveyor before a rvia^istrate, sliall he received as a sufficient proof i:i a::y Court of Justice or before any Judge, of the value a;id performance of the said work and of the expens^c incurred. As to bridges crossing XXllI. Z ud be it cuacted, That it shall also be the duty cf the Raid Road Purveyors respectively to deterir.ine v/here and by wliom any bridge for the purpose of crossing any water course, ditch or drain shall be made and kept up ; and the party by whom they shall determine any such bridge to be made shall make and keep up the same in a good and sufficient manner to tlie satisfaction of the said Surveyors. X?IIV. And be it enacted, That whenever the matter in question sliall relate to the making of a dccouvert^ or to the erection of a fence where there shall have been none before, or v/here although there has been a fence, the old fence shall be in such a state that the labour cf repairing it shall be equal to that of making a new one, such Inspector shall not condemn the party against v/hom complaint shall have been made, unless the party complaining shall prove that the party complained against, or his agent or party usually acting in his behalf, was called upon to make the said decouvcrt, or to erect the said fence before the first day of December preceding the time at which such complaint shall have been made : Provided always, that if the party complained against does not reside within the District and has no tenant or known agent, or party usually acting in his interest. A R to Cases whore a new fence or ti i/e- courcrt shall be ordered to be made. Proviso. 17 ig or clear rt as afore J same, to Dr drain, to he value ofi \ drain or is finished, tiie same, c same and s ey.pen.ses fcrmed tlic e Surveyor \ sullicient ; y Judge, of ork and of all also be )ectively to Ige for the; ch or drain ^ y by whom] made shall i sufficient v^eyors. snever the laking of a- here there 5 lough there in such a be equal to : shall not laint shall lining shall | r his agent :alled upon ! said fence g the time ;en made ; tied against 3 no tenant lis interest, the complaining party must prove that a notice has been posted to the foregoing effect on the Church doors of tlic Parish or Township wherein the property is situated for four consecutive Sundays, during any time of the year immediately preceding the first day of December then last past, or if there be no Church therein, then at one of the most public places therein. XXV. And 1)0 it enacted, Tliat it shall be the duty Duty of Road Sur- of every such Road Surveyor, whenever he shall he^;^y"^"^'".^°''?;"'^« , , '' , • ^ t J ' done by joint labour. thereunto required by one or more proprietors or occupants of land, to proceed to inspect all lines tlividino; their lands from their neis'hbours', whereon it is proposed to erect a new fence ; all ditches opened or to be opened, and all other ditches, drains or water- courses conmionly known as work to be joiutly performed {fravau.r mi!ot/ens or arising thcreiVom,) and then and there to order such work as he shall deem necessary, and shall determine the parties by whom the same shall be performed and kept in repair, as well as the manner in which the same shall be done, and the time within which it shall be completed, as he shall deem it just and conformable to the custom and laws of this Province in that behalf; and every pro- prietor or occupant of land as aforesaid, who shall refuse or neglect to make, repair, take care of and keep in order any line fence, ditch or other ditch as foresaid according to the order made by such Sur- eyor, within four days, or within the time fixed by nch Surveyor not exceeding six additional days where he shall have thought fit to grant a longer elay,) after a written or verbal notice to such person iven, shall incur a penalty of Two Shillings and Six ence currency, for every day that such fence or Sitch shall remain unmade or unrepaired in the lanner aforesaid. XXVI. And be it enacted, That it shall also be As to water-courses, 11, /> io 'ii'i'i'"* &c. where the labour lie duty 01 every such Surveyor within his division, shaii have been regu- o often as lie shall be thereunto required, to visit and la'cd by p-ocis-vcrhai. xamine all outlet ;, w^ater-courses and brooks com- lou to several lands or to any nundjor of proprietors occupraits of Ir.iv.V the r.ccc^.taiy kiboiir concerning 18 I R which shall have been regulate J hy procci-verhal duly homologated, or by proccs-vcrbal heretofore made by any Inspector of Icnces and ditches, or by an agreement made by the parties interested, or by direc- tion of the IVhmicipjil Council, and to sec Avliether such work has been done conformably to such procts- vcrhal or agreement, and to ordrr that the sumo be done, repaired and liopt in order in the manner stated in such prores-rcr/jf'J or agreement; and every person refusing or neglecting to conform to and obey such order, withhi ihiw days after written or veriial notice to that cilbct sjiiili have been given to such person, or Avithin th • tinio fixocl by llio said Inspector, sliall incur a penalty of Two Shillings currency for each and evv-ry day such work shall thereafter remain ProYiso. nuperformed: Provided always, that in all c;ises \,yo- vicled for hy this and by any section of this Act, it shall be the duty of every such Road Surveyor, after the expiration of the delays therein specified, to authorise the work to be performed by any party or parties interesied in having it made, and after it is so made to give his certiiicate of the cost and value of the work and also of his expenses for attendance, to the party or parties wlio liave performed the same, and such certificate, if sworn to by the Surveyor before a. Justice of the Peace, sliail be received as a sufilcient ])roof in imy Court of .Tustice or before any Judge or Justice of the Peace, of the value and per- formance of such work, and such amount and all expenses may ])e recovered by suit before any Justice of the Peace, or the land for which such disburse- ments have been made may be sold, as provided for by this Act. Where a water-course XXVIl. A]k1 be it enacted. That in all cases when the^hndsSverai ^^ ^^^'^^^ ^^ npccssary to open any outlet or water- proprietors, course, or to enlarge or deepen any brook common to the lands of several persons, the work connected with Avhich shall not have been apportioned and regulated by any 'proccs-vcrhrd or agreement, the matter in dispute shall be adjusted, on the requisition of one of the parties interested, by two Road 19 Surveyors, convers:int with such matters and in no wise interested, anu <\ siding nearest to the place where such work is to be done, and in case there shall be no such Road Surveyors so conversant and not interested in the Parish or Township, tlien ])y two Overseers qualified as aforesaid. XX Vlll. Provided always, and bo it enncted, That Prrvious notice to b» before any such Surveyor shall proceed to thcexocu-8'*«°' lion of the duties hereinbefore assigned to Iheni, public notice shall be given by them, citlier verbally or by advortisLinent in v»'ritit!g, posted at tlie doors of the Churches or oilier places of public worship, in the ]*arish or Township where the work is to be done, immediately afier 5)ivlne Service in the morning, and ])osled thereon on the Sunday immediately i)rcccding the day on which they intend to visit die place, requiring all persons interested to take notice of the same, and to attend at the time aiul place ap[)ointcd ; and in places where there shall be no Church or place of pidjlic wor.'^hip, then the said notice shall be posted in one of the mos' public places in the said Parish or 'J'ownshio. XXIX. And be it enacted, '^Phat after having given proceedings on the the notice aforesaid, the said Road Surveyors shall, '''^y ^'^'^'^ Ml^"': 1 1 /^i 1 /• 1 14 ,' vcyor fcr deciding tlie |on Hitv (lay and at the hour nxed, proceed to thematter. h)lac'e accompanied by tlie jtanies JiUerested if they see fit, and after inspecting the place or places, and becoming competentiyaccpiaintr'd tlierewith, and after beiiig iuiiy inibrmed of the matter in disjiute, shall give their ('ccision, and shall draw up a proras-verhal of their proceedings, setting forth every thing to be [done v.ith respect to such- outlet, v/ater-courso or [brooks, for the general advantage of all parlies interested, and the time at which it shall be done, [with such further particulars as they shall judge necessary or expedient concerning the matter, com- jprising also the expenses incurred as well for the examination of the place as for the advertisements, jand for drawing up {ha proccK-vcrhdl ; which proces- \rnh(il sliall be deposited in the ofilce of the nearest Notary or Justice of the i'eace, and such Notary or '^4;= 20 Proviso : liomologa- tion oiprocCi-x'i.i'jui. Proviso ; when the Surveyors diner. Justice of the Peace shall give a certified copy thereof to any of the parties interested therein who sliail require it, on the payment of the expense of sucli copy, at the rate of six ponce currency for every hundred words ; Provided always, that eacli pwrvs-vo/ial so made, whether it concern one or more Parishes, Townships or Settlements, shall be homologated hefore one or more Justices of the Peace in the manner liereafter prescribed, and the homologation, and a copy or cojiies of such pwres-vcr/jctl certiliod by such Justice or Justices of the Peace, shall be deposited Avith the Secretary-Treasurer of the iMunicipality or JMunicipalities having jurisdiction over every Parish or Township containing land lliereby ailected, and ihe Secretary-Treasurer of such iMunicipality shall give a copy thereot certified by him or the Mayor to any party requiring the same on the payment of the expense of such copy at the rate of six pence for every hundred words ; and provided always, that whenever the said Surveyors shall differ in opinion as to a decision ami the j^'oceti-irrbal to be drawn up, it shall be their duty to call in a third Surveyor of Roads without delay, and after being competently acquainted therewith and fully informed of the matter in dispute, the majority of the said Surveyors shall give their decision, and shall draw up a procts-vcrkd of their proceedings which shall be deposited by them as above provided. XXX. Provided always, and be it enacted. That the owners of lands which shall be higher than those of their neighbours shall not in any wise be bound or required by any Road Surveyor to make or assist in making the drains or water courses through their lands of any greater depth than may be necessary for draining their own lands ; unless so ordered by any proccs-verbal which shall or may be made to that Proviso : as to water- effect : Provided further nevertheless, that it shall in courses throu^u such ii iipir>j.i • t i. land?. all cases be lawful lor the persons owning any adjacent lands or swampy grounds, to make use of such drains or water-courses as aforesaid, through higher grounds, to clean out and deepen the same at their own Owners of higher lands exempted. 'A 21 expense, or where there are no such drains already existing, to cause the same to be opened in the manner and after the formalities hereinbefore prescribed by this Act, in such manner as to carry oil the water from their own lands, or to prevent the same from comin;?, lodging or remaining thereon : And whereas mchratory : as to p. it has been the custom in Lower Canada to najne a »";• m^J^Y assistance third Inspector of fences and ditches when the twoL! '"^ "»!**= ^'^f named in conformity willi the i)rovisions of the hereby repealed Act could not agree in their decision or \pmrcs-frr6a/j although doubts could he entertained <.)f the legality of such proceeding, Ik' it declared and [enacted, That any proccs-nrlml made by or wilh the assistance of a third Inspector named in the manner aforesaid, and homologated by fuiy Justice or Justices of the Peace under the aforesaid hereby repealed Act, shall not be held or declared to be invalid, but on jthe contrary shall be and is hereby declared valid to |all intents and purposes. XXXI. Provided always, and be it enacted. That Ovorseeru of joint |it shall be the duty of all Koad Surveyors, who shair^°''^*°''''*PP»^^'^- Iraw np any j)roccs-verhal as aforesaid, to select and ippoint from among the parties interested, and after laving consulted with them, one or more Overseers, iccording to the importance of the work to be done, ^ho shall, after their names shall have been inserted Kn the said jn'oces-rer/jalf carry the same into effect, md see that the work therein ordered to be done, as ^vell with respect to the immediate performance there- )f as to the keeping the same in repair in future, be Inly performed for the general advantage of the )arties interested therein : Provided further, that the Proviso : period of )ersons so named as Overseers shall not be bound to service, let as such during more than four successive years, If they shall consider the office burthensome and wish lo be relieved therefrom, in w hich case, (or in case of Icath or infirmity, or absence of one or more of such "►verseers,) or in case one or more of such Overseers khall sell or dispose of his property, the persons Interested shall, when thereunto required by one or nore such persons, who shall give notice thereof in /«l 22 the manner hereinbefore set fortli respecting the view of the place, meet for the purpose of proceeding to a new election wliich shall be made by the majority of the persons interested, then and there present, who shall cause a record thereof to be drawn up, and shall deposit the same in tlie place where tUv prurcs-irr/jdt to which it lias reference, shall have Ixhmi deposited : Proviio: pftrtics Provided alwavs, that it i^hdl be lawful for all the inlorcBlcd may proceed • , . i • < i i n to an election. persons interested in any prncfs-rrrofil ot a water course, ]u)inol();;ated, in any Court of Law, or in any such pmrcS'irr/jt// made by any Ixoad Surveyor or Inspector of Ibnci s anddrain«, or nuide l)y agreement, to proceed in the manner ai)ove mejitiontid, to an election for th(; purpose of Idling up tho j)lace{)f any Oversf'er or Overseers decoased, absent, or having sold their land.-:, or desirous to resign their olfice after four years of st rvice ; and w hen sueli water-course shall concern two Parislies, 'rov/nship.-! or 5'elllemejits, one or more Overseers from each place shall ])e appointed to see swdi pro-c^'-vcroa/ carried into elfect ; and any such Overseer who t-hall iiegleet or refuse to caui-e such prortH-cerlnd to be carried into elli^ct according to its IVwin and tenor, after having been requiicd so to do by'ono or more of the parties iuteresl- ed, at least ri.'Jil (Uy^ before, i^hall incur a penally not exceeding Five Shillings cu i'(Miey, for each day durini.: wliich such w )'k ^h.dl wot be done in the manner provided by the j: races- rcrual ; allowing four days for j)errorming yuch v»orIv. XXX II. And be it enactcti, Th.it tlic Surveyors, after having drawn up i]n 'wjircjccs'irr/jal as aforesaid, shall have a copy thereof pi'epared, which they shall cat.e to be posted or read on the folloAving Sunday after Divine Service in the forenoon, at the Church doors or other places of public worship, and v\iU' i there is none, then at one ( i' the mostcen^ :1 or public places of the parish or Township, for v/i-ieh such proccs-vcrbal shall be made, and such public notice shall mention the time when such proces-irrbal will be presented ibr confirmation, and the name of the Juatic^ of the Peace to whom it will be so Prorts-vcrlml to be publicly read, &.'. , inform; they :-h soever shall reeorib sor or verba! j after it: of liie '^ h:iviiii.i; XX)| i\)V'X bv *- ' . •■ d tlO!l Ot proseri by ther Act, ]> Lov;er of the Fourth the 71 in Act f 01 (liciffl ! and to the Ac held ir King ) a ccrta effcctw to Ail sectior Parliai His la tituled presented; and that all persons intn.'stcd tluTcin^ppo«uionin»yb« pnay appear brfore such Juatice of tho I'eace for the^'^"''* purpose of stating their reason (if .'my thiy have), why swch prart's-irrfjal sUoukl not l)0 coulirined, and lacopyoftiio sai'' prnrer.-rcr/jd!, after it hhail Iwive Ibeen coiifirnu'd, .^nall be (lcpohiit(!d in tlio Ic^'opiiig of Isiich Ovfifceer or Oversc^ers, to ho hy tlu'in k^pt as c^mIcI'; in the direction of tiio work, ; 'id fur luo |inf>rnia(ion of nil pirsons intoresit^'d, to whonj be or Ithcy f^ball give eonnnuiiiei'.tion lliereof, gratis, wlien- Isoever tbey sliall recmiro it ; and evriy Mich Overseer h\v\\[ deliver the said prnrc^-rcrhtl, and all other Irerords and pape"«' vel-.tiiig to bis ollice, to his siiccfjs- Isor or sucees^'or ■ \'.\ (-'.ce; a!id evi'ry siu'Ii /^/v;re.s'- custody of i». K. \vcrh(il and eci lifted copies llien of fcbali be dc; osited lafter its- ]iomo!o:.:/ion with dio Si'creta.'y-Tre;>surer Icf liie ]VTii .ieip.ility in nbieli any 'I'owzij^bip or Palish |h:iviii;T i'nnls alfeet'-d tbereby .'.luill be. XXXUf. And wherea:^ tlie erroneous conslniclion Rociiai lO&ii a. IpiU. by certain Jiistiers oft:;;- Vcicc iipon I'le obli'^a-^j-^^'^'^p^Yj;^'*^- ^'» Itiou of the Inspectors «'f I'i'nees kwvX Ditcbc.^^ to prosenUe tlie homologation of the j^rorc-'J-rcrlaff.v l3y them made aecordin;^ to th'.' requirements (t' tlie Act, ])assed in tlie Session of the Parliament of Lov/cr Cnna:ui, held in the Irndi aiui elevenlb yenis of the Reign or I'is late I^I 'j(>5:ty King (leorge tlio Fourth, intituled, An Ad to anund cm Art po-sfidl in Uhr riiudiycf'r cf His Majryfi/h'lhiitn, iiitifriid, ^ An Act for ilic Ttiorr speed}/ rnnrd.f/ of dinrs ahrsespir/n- dicifd to A'nicidtftrcd improvement in thi.' Province* and to mnke fiirtJier j)rovision to the name fjfi(ii and lihv. Act juissed in the Session of die samcParlinnient, I held in the third year of the J-eign of I5i- late Tdajesty King AVilliam the Fourth, ii>;ituled, Mn Act to rrpccd \a certain Act tisercin mcnt' ned caul to jrrovidc more effect ion ofSur- jnicrestptl in the decision given or orders made by any vcyors in certain .Surveyor oi* Surveyor.^, Iiy virtue of any ol the pro- '^^■'««s, ami proceedings • • c i^ ' r > ' 1 4- i Hi i. on such aj-peal. Visions ol llus .'iCi, relaling to outlets, water-courses and hrooki^:, as v/ell tho-^^o concernii^g one l;arish or Township, ;ks tliose wliicli concern sevornl, sliiiU (IcfMii hiniHclf agi:;rieved tliercdjy, and sliall be di.ssa- tisilt.'d thcrev.Mth, fjucli party sliall, williin eigiit days (reckoning from the day on v.diich the pwct^-mhal shall have been publicly read or posted as aforesaid, at tlie Church doors or r-tlier places of [nihlio worship, or public jdace) lay liis complaint before a Justice of the Peace, neither iiitcrcsted tlierrin nor related to any one so interested within the degree prc^hibiled by law in such cases, that is to say, wiihin die third degree, and the said Justice shall, before the expira- tion of the said term of eight days, summon the Surveyor or Surveyors to appear before him, and the Justice of the Peace before whom the proccs-vcrhal is to be presented for homologation on the day and at the place fixed for the said homologation, and to have with them the proccs-verhal^ which, as well as 28 the reasons in favnur r.f «%ecl by thZZifsZj^r' " (if any .here be) fflaurely examin'ed by Ze J.'^i^"'''''. shall b| shall appear to them that ll.» '^ •''''"«^«' and if i' m net of ,J,e sL^^^T^t,,",? "'?',''S^"«« ■" h «»!"im..g the vhcTortli'T'' ■•"«' i?r/v oA i V"® Ijpute shall have a L 'iP''\t/""«erninswh^ieh h] Purveyors and of the nl,,- ■ Presence of the <,»u tleT^' 'y^^^^Tf' '^''-^'"be "piore such second vieur ci. i^ 7 ^* ^^^st ei^ht dar« ,f!J«« at the doors of the n" ^^^^e place, blnot^e lownship wherein li p^n'ches in the P^i-jiv. ;-situat^edJ„7;^dSf;hepar,ies^ttte" said «y«/,, ,vhe(her it be tn 1"'* '"ajon'ty 0/ the decision given by the S '"""'™' or set aside thl S'-n 'bJ^£■■'' -^-'-hall eTS flle'r.^^'' herbal a ihe pari vene an costs at said pai that su( Ipartiali shall pa the Vei be conl they sh XLL simple shall h keep u: fences i or any make, ] be lawi repaire over t] party \ the san Munici which ought 1 be to expens up oft and a( panied section of the the*sa perfor repairi fence to a pi to any other I ifany there be) fsses, shall be t'ces, and if it Z^ed against /»e requisite ?at there has 'V^enee in the f eordiDg to '"e contrary ' 'lere Jias been diligence in Jas not been '^^^^^n of the ^^ointed, one ';e defendant ' 'Justices of ^^ refuse to ' name one after beino- ^e (who is ^^^y oath) ? which the 0^ the said ^0 shall be ^^ght days ^y notice ,f*arish or interested 'ty of the aside the nial and tsoever ,• decision e it enacted, That it shall be lawful for any proprietor who shall have made, repaired or kept u[) any such water-course or bridge over the same fence or dccouvert in the place of the party whose duty it was to make, repair or keep up the same, to apply to the Secretary-Treasurer of the Muuicipality within which the lands on or respecting which such water-course, bridge, fence or dccouvert ought to have been made, repaired or keep up, shall be to sell the said lands for the payment of the expenses incurred in the making, repairing or keeping up of the said water-course, bridge, fence oi' dccouvert, and a copy, or extract of such proccs-verhal, accom- panied by the certificate mentioned in the foregoing sections, shall be primd facie evidence in support of the said application, and the amount mentioned in the^said certiiicate as being the value of the w'ork performed by such proprietor towards the making and repairing or keeping up of such water-course, bridge, fence or dccouvert, sliall entitle the said proprietor to a privilei»;ed claim upon the said lands in preference to any mortgage, hypothecjue, seigniorial dues, and all other debts or demands whats levcr, for or respecting iiie fjcvid lunU-j: luid the ^aid Secretary-TreaHirer on 30 Applicalfon of the proceeds of the sale. Certified copies of P. V, to be deposited with the Secretary- Treasurer of the Municipality. Parties may be re- quired to cut down noxious weeds on their lands. such application heing made in due form as aforesaid, shall proceed to tlie sale and adjudication of the said lands for the expenses so incurred in the manner and after the advertisements, publications and other formalities provided and required be nn Act passed during the present Session of Parliairient, and inti- tuled, Jl}i Act to amend the Miiniripal Lmrs of Lrnrrr Canada, and the amount of expenses inciirreil by the proprietor applying for such sale, shall be paid over to hiiii !)y the Secretary-Tre;isurev, ^v])o .<-l!nll retain the cosis incurred in and a])nut such sale, and iti and about tlie proceeding-; pieparafoty llu^reto and inci- dent thereon, and the saiti Secretnry Treasnier shall have power and atitliority to execute a deed or deeds of sale of all lands so sold, and an}' such deed shall have the same force and eUect as a deed executed under the authority of the s (id last recited Act. XLII. And be it ejiacted, That accrlilied copy of every pwccs-rcr/ial homologatr'd under this Act, shall ba deposited wi:h tlie Sei retary-Trca;-urer of the IMunicii-ali!}' within which any land.^ thereby affected are siluatrd Vv'iihin ten dnys afier the homo- logation thereof, by the party applying for the homologation, or by the Surveyors who shall have acted in tlr^ premises, and such corlilird copy shall be received as evidence in all Courts of Justice. XLIII. And wliereas the seeds of noxious weeds growing on the land or ground of one ])rop!irtor, or npon a common, are frequently driven bv the v/inds and otherwise conveyed Cipon ihe h^.nds and grounds of the adjoining pronr.«fi.o!s, wlu-re, to tlie iinury of such proprietors, and their discouiagc'iriMit with respect to agricultural improvement, they grow : I3e it enacted, That it diall bo lawful for any proprietor or occupier of land, at a'lv time between the tweniieth day of June aiid the iirst day of tl)e month of August, in each year, by verbal notice in the presence of one witness, or by notice iti writing, in the forni of Sche- dule A, left at tlie domicile of the person to whom it may bo addressed, or incase of a cojnmon in which several persons have shares or are interested; by notice publisi uhichi 31 m as aforesaid, j ion of the saidi le manner and 13 and other | » Act passed le"^ and inti- ■nn-s of Lotrrr ciirred by tlie ^^e \nnd over ' ^J'-'ilI retain <^, and in and to and inci- ;eaj;iirer shall 'eed or deeds » (^f^ed shall '"1 executed 'd Act. iiied copv of ■ tliis Act, treasurer of id.s thereby ' the homo- s' Tor the sliall have copy ihaW ;Stit;c. ions weeds 'piittor, or ihe winds k1 grounds e injury of iej»t with ':^\'ox.-: Be proprietor twentieth f August, pe of one of Scjie- anic'S liuble ior penalties. Deatl animals to Ic buried, Penalty for throwing filth into blocks, &c. 32 pective divisions, all weeds growing on highways, by-roads, canal banks, rail-road lands-*, and all public works and places whatever in tlieir wliole width, to the fences inclosing such highways or roads, under the same penalties on the said Surveyors or Overseers, and persons bound to make and keep and rejiair the said higluvays and by-roads, as are provided in the Acts now in force for neglect or dclault in keeping such liighwaysand roads in repair, and such penalties shall be recoverable in the same manner. XliVI. And be it enacted, That any person in the emplcyiront of Incorporated Compan'-es or of any other par'y, and receiving moneys on his or their behalf, shall be liable to prosecution for penalties under tliis Act, and shall be answerable as though he were proprietor of the land. XL VII. And whereas it also frequently happens that animais dying of disease or otherwise, remain exposed in public or private roads, fields and other places, whereby travellers are incommoded and exposed to dan:»;er, and dangerous disease may be produced : Be it therefore enacted, Tliat t!ie owners of any such animal of what kind soever, who shall refuse or neglect to bury the same at least three feet under ground, and to cover the same with two feet of earth at least, shall incur a penalty of not more than Ten Shillings currency, nor less than Five Shillings currency. XL VIII. And whereas it also frequently happens that animals dying of disease or otherwise are thrown into brooks, rivulets and rivers ; and whereas indi- viduals are in the habit of carrying filth in summer, and more particularly in winter, into the brooks, rivulets and rivers, and upon ice of the said brooks, rivulets and rivers : Be it therefore enacted, That every person who shall be convicted, on the oath of a credible witness other than the informer, of having so thrown any such animal, or so carted any such iilth (unless in or to a place appointed for that purpose by the competent local authorities) sliall inciu' a i">eiiaby of not more than Tweiitv yShilliiip-s currei additil where know] of the gene or o and and (nai wh( and 33 on highways, and all public 'ole width, to roads, under or Overseers, 'id re])air the videci ill the It in lvee[)ing ich penalties • erson in the s or of any his or their or penalities Si though he dy happens 'ise, remain s and other noded ajid fe may be ^lle owners who shall tliree feet 1 two feet more than ' Shillings 7 happens re thrown reas indi- summer, brooks, 1 brooks, d, That e oath of •f having my sucli for that s) shall ?hil!i!iP-s sinn a--- fo In iMi"n land il floods, currency, nor less than Ten Shillings currency, in addition to all damages : Provided that in all cases where the owners or the offending parties are not known or cannot be reached, then it shall be the duty of the Surveyors and Overseers of roads, within their respective divisions, to bury such animal so found in public or private roads, fields or other places, or in brooks, rivulets or rivers, or to remove such lilth within twenty-four hours after he shall have been informed of the existence of such nuisance, and for such service the Municipality within which his division is situated, shall pay him. XLIX. And be it enacted, That all fines and Liii.iution of suit penalties incurred under this Act, may be sued for and recovered within three months after the offence may have been committed, and not afterwards. L. And be it enacted, That whenever any lumber r-mvi of any kind shall be carried by Spring floods, orj^j^jj^'',', otherwise, unto the lands or banks adjoining any floatable river, and shall be there left until tlie first day of June, or shall from any cause be upon such lands or banks on the said day, it shall bo lawful for the proprietor or occupant of such lands or banks, upon, or at any time after the said (.lay, to cause such lumber to be hauled from off his lands or banks to any safe place, at the expense of the owner of such lumber, and to cause notice to be posted up at the Church doors, (or if there be none, at some public place in the Parish or Township,) and to be read aloud by a Bailiff of the Circuit Court at such Church door (if any there be) on two Sundays immediately after Divine Service, (or if there be no service, at the usual hour of closing Divine Service,) in the forenoon, stating that such lumber (describing it generally) was found on the lands of the proprietor or occupant, and the place where the same then lies, and that if the expenses of hauling it to such place, and of such notice, be not paid before a certain day (naming it,) the same will be then sold at the place where it lies, by some Bailiff of the said Court ; and if such expenses be not paid before such day, 3 s Iiy 84 or on such day, and before the sale, such lumber shall be then sold by a Bailiff of the said Court by- public auction to the highest and best bidder, and out of the proceeds of the sale, all the expenses aforesaid and those of the sale, (all which expenses shall be those allowed to a BaiiifT for like service under a Writ of Executioii from the Circuit Court,) shall b(^ first paid, and the remainder shall be paid over to the Treasurer of the Municipality and make part of thd funds thereof; any law to the contrary shall Fines, fte. how to be notwithstanding, LI. And be it .ueU for and applied, ^^^j forft^itureS enacted, That all fines, penalties imposed or incurred for offences Offencee may be tried in District where offender is found. As to Write of Certiorari. against this Act, and not otherwise provided for, shall be sued and recovered on the oath of one credi- ble witness other than the informer or prosecutor, or by confession of the defendant before anyone Justice of the Peace for ihe District wherein the offence shall have been con mitted, and bhall be levied, as well as the costs, by Warrant under the hand and seal of the Justice of the Peace before whom the conviction of the offender or offenders shall be had, and by seizuie and sale of the goods and chattels, and one half of all penalties shall go to the informer or prosecutor, whether he be or be not interested, and the other half shall be paid to the Secretary-Treasurer o; (he Municipal Council of the (Municipality within which the offence shall have been committed. LII. And be it enacted. That for the more effectual prosecution of offences committed under this Act, all such offences may be tried, determined and punished in any District of Lower Canada where the party accused may be found ; any law to the contrary notwithstanding. LIU. And be it enacted, That if there be any Writ of Certiorari at any time heretofore issued, or at any time after the passing of this Act to be issued for reviewing any decision of any Justice of the Peace, rendered upon any matter growing out of the Act first above cited and repealed by this Act, or out of this Act, the Court out of which such Writ of Certiorari such lumber laid Court by '' bidder, and the expenses ich expenses like service cuit Court,) hail be paid y and make the contrary 3S, penalties f<'r offences •rovided for, f one credi- osecutor or rie Justice of fence shall , as well as seal of the )nviction of 1 by seizure one half of prosecutor, 1 the other >rer oi (he thin which re effectual 'is Act, all i punished the party ■ contrary any Writ 1 or at any ssued for he Peace, ) Act first f this Act, Certiorari 35 shall have issued shall determine the question according to law and practice, and shall award costs to the successful party. LIV. And be it enacted, That every person who p*'" •"earing, shall be convicted of having wilfully taken a false '*'''"^* oath in a case wherein a Justice of the Peace in the due fulfilment of his duties, pursuant to this Act may deem it necessary to administer an oath, shall incur the pains and penalties by law provided against wilful and corrupt perjury. LV. And be it enacted. That all duties relating to certain dutiai to be fences and water-courses hereby imposed on Survey- P^'^'T™*'^ by inspec- /tniiiii /111 /.'o"i >' appointed. ors of Roads shall be pertormed by Inspectors ot fences and ditches in all Parishes and Townships where such may be chosen and named by the Muni- cipal Council, and they shall be entitled to the same remuneration and subject to the same penalties as 1 orein provided for Road Surveyors. LVL And be it enacted. That one copy of this Copiea of this Act to Act shall be forwarded to each of the Road Survey- ^^J.^yoi.'^"'^ ors for his guidance in the performance of the duties hereby required of him ; and that every such Sur- veyor upon retiring from otfice shall transfer such copy of this Act to his successor in office for his guidance ; and that every such Surveyor who shall retire from office and refuse or neglect to transmit such copy to his successor in office, shall incur a penalty of not less than Five Shillings currency, nor more than Ten Shillings currency. LVII. And be it enacted. That any contravention Penalty for contra- of this Act, wheiher by doing any thing hereby S'jJoWdii^Sr"' forbidden, or leaving undone any thing hereby re- quired to be done, and for which no other penalty is hereby provided, shall be an offence by which the party gtiilty thereof shall incur a penalty of not more than Fifty Shillings, to be recovered with costs in the manner herein provided for the recovery of other penalties not exceeding that amount, and all parties incurring penalties under this Act, if the same be not paid immediately after judgment, may be punished by imprisonment not exceeding thirty days. 3* 36 .Iu^til•r pay me '^s, and a for each noxious 37 weeds shall remain on your said property ; the said sum to be levied day by day by distress ; Herein iUil not. {Date) (Signature.) SCHEDULE B. Judgment of the Justice of the Peace. Be it Remembered, that having noon the complaint of heard him and , and examined the witnesses by them produced {or visited the spot and judged upon my own view, as the case may be) (I do hereby acquit the defendant or) I do hereby enjoin and commaud to pay to the said the sum of Shillings ; and also a further sum of Two Shillings and Six Pence for each succeeding day during which the noxious weeds spccilied in the annexed complaint shall not be cut down and destroyed ; the said sum of Two Shillings and Six Pence currency to be levied by distress day by day. And these are to empower and command all Bailiffs and other Peace Officers to make such distress accordingly with costs taxed at the sum of As witness my hand. {Signature) Qujcbkc : Printed by S. Derbishirg & G. Desbarats, Law Printer to thu Queen's Most Excellent Majesty.