dv% 
 
 ^. 
 
 ^>i>, 
 
 
 w 
 
 IMAGE EVALUATION 
 TEST TARGET (MT-3) 
 
 /. 
 
 
 ,V°% 
 
 
 i.O 
 
 I.I 
 
 11.25 
 
 |50 ™^= 
 
 ^ 1^ 
 
 1.4 
 
 IIIIIM 
 
 1 2.2 
 2.0 
 
 1.6 
 
 w 
 
 n 
 
 % 
 
 m 
 
 -&. 
 
 4>: 
 
 °> > 
 
 r 
 
 '^^f^ 4§^ w 
 
 Photographic 
 
 Sciences 
 Corporation 
 
 s. 
 
 S^ 
 
 V 
 
 m 
 
 ;\ 
 
 \ 
 
 ^<b 
 
 N^ . «> 
 
 
 
 o^ 
 
 s^. 
 
 u 
 
 '^^ 
 
 23 WEST MAIN STREET 
 
 WEBSTER, N.y. 14580 
 
 (716) 872-4503 
 
 .r*^->. 
 
 r/ ' . -/ 
 

 
 %° ^ "^ 
 
 (/a 
 
 \ 
 
 s 
 
 ^ 
 
 C»riM/ICMH 
 Microfiche 
 
 CIHM/ICIVIH 
 Cotlection die 
 microfiches. 
 
 Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques 
 
Technical and Bibliographic Notes/Notes techniques et bibliographiques 
 
 The Institute has attempted to obtain the best 
 original copy available for filming. Features of this 
 copy which may be bibliographically unique, 
 which may alter any of the images in the 
 reproduction, or which may significantly change 
 the usual method of filming, are checked below. 
 
 Q Coloured covers/ 
 Couverture de couleur 
 
 I I Covers damaged/ 
 
 n 
 
 n 
 
 Couverture endommag^e 
 
 Covers restored and/or laminated/ 
 Couverture restaurie et/ou pelliculde 
 
 Cover title missing/ 
 
 Le titre de couverture manque 
 
 Coloured maps/ 
 
 Cartes gdographiques en couleur 
 
 Coloured ink (i.e. ether than blue or black)/ 
 Encre de couleur (i.e. autre que bleue ou noire) 
 
 Coloured plates and/or illustrations/ 
 Planches et/ou illustrations en couleur 
 
 Bound with other material/ 
 Reiid avec d'autres documents 
 
 n 
 
 Tight binding may cause shadows or distortion 
 along interior margin/ 
 
 Lareliure serrde peut causer de I'ombre ou de la 
 distorsion le long de la marge ii tdrieure 
 
 Blank leaves added during restoration may 
 appear within the text. Wherever possible, these 
 have been omitted from filming/ 
 II se peut que certaines pages blanches ajout6es 
 lors d'une restauration apparaissent dans le texte, 
 mais, lorsque cela dtait possible, ces pages n'ont 
 pas 6t6 filmdes. 
 
 Additional comments:/ 
 Commentaires suppldmentaires; 
 
 L'Institut a microfilm^ !e meilleur exemplairs 
 qu'il lui a 6td possible de se procurer. Les details 
 de cet exemplaire qui sont peut-dtre uniques du 
 point de vue bibliographique, qui peuvent modifier 
 une image reproduite, ou qui peuvent exiger una 
 modification dans la mdthode normale de filmage 
 sont indiquds ci-dessous. 
 
 □ Coloured pages/ 
 Pagps de couleur 
 
 Pages damaged/ 
 
 D 
 
 Pages endommag^es 
 
 Pages restored and/oi 
 
 Pages restauries et/ou pellicul6es 
 
 Pages restored and/or laminated/ 
 
 ^ 
 
 Pages discoloured, stained or foxed/ 
 Pages ddcolordes, tacheties ou piqudos 
 
 I I Pages detached/ 
 
 Pages ddtachdes 
 
 Showthroughy 
 Transparence 
 
 Quality of prir 
 
 Quality indqale de I'impression 
 
 Includes supplementary materii 
 Comprend du materiel supplementaire 
 
 Only edition available/ 
 Seule Edition disponible 
 
 FTi Showthrough/ 
 
 I I Quality of print varies/ 
 
 I I Includes supplementary material/ 
 
 I I Only edition available/ 
 
 D 
 
 Pages wholly or partially obscured by errata 
 slips, tissues, etc., have been refilmed to 
 ensure the best possible image/ 
 Les pages totalement ou partiellement 
 obscurcies par un feuillet d'errata, une pelure, 
 etc., ont dt6 filmies A nouveau de facon d 
 obtenir la meilleure image possible. 
 
 This item is filmed at the reduction ratio checked below/ 
 
 Ce document est film6 au taux de reduction indiqud ci-dessous. 
 
 10X 14X 18X 22X 
 
 12X 
 
 16X 
 
 J 
 
 20X 
 
 26X 
 
 30X 
 
 24X 
 
 28X 
 
 32X 
 
The copy filmed hare has bean reproduced thanks 
 to the generosity of: 
 
 D. B. Weldon Library 
 University of Western Ontario 
 (Regional History Room) 
 
 The images appearing here are the best quality 
 possible considering the condition and legibility 
 of the original copy and in keeping with the 
 filming contract specifications. 
 
 Original copies in printed paper covers are filmed 
 beginning with the front cover and ending on 
 the last page with a printed or illustrated impres- 
 sion, or the back cover when appropriate. All 
 other original copies are filmed beginning on the 
 first page with a printed or illustrated impres- 
 sion, and ending on the last page with a printed 
 or illustrated impression. 
 
 The last recorded frame on each microfiche 
 shall contain the symbol -^^ (meaning "CON- 
 TINUED"), or the symbol V (meaning "END"), 
 whichever applies. 
 
 IVIaps, plates, charts, etc., may be filmed at 
 different reduction ratios. Those too large to be 
 entirely included in one exposure are filmed 
 beginning in the upper left hand corner, left to 
 right and top to bottom, as many frames as 
 required. The following diagrams illustrate the 
 method: 
 
 L'exemplaire filmd fut reproduit grdce d la 
 j^nirositi de: 
 
 D. B. Weldon Library 
 Universit/ of Western Ontario 
 (Regional history Room) 
 
 Lee images suivantes ont iti reproduites avec le 
 plus grand soin. compte tenu de la condition at 
 de la nettet* de l'exemplaire film«, at ety 
 conformity avec las conditions du contrat de 
 fllmage. 
 
 Lea exemplaires originaux dont la couverture en 
 papier est imprimte sont fllmte en commenpant 
 par le premier plat at en terminant soit par la 
 derniire page qui comporte une ampreinte 
 d'impressibn ou d'illustration, soit par le second 
 plat, salon le cas. Tous las autres dxamplaires 
 originaux sont filmAs en commen^ant par la 
 premiere page qui comporte une empreinte 
 d'impression ou d'illustration et an terminant par 
 la dernidre page qui comporte une telle 
 empreinte. 
 
 Un des symboles sisivants apparaftra sur la 
 derniAre image de cheque microfiche, selon le 
 cas: le symbols — ^ signifie 'A SUIVRE ', le 
 symbols V signifie "FIN". 
 
 Les cartes, planches, tableaux, etc., peuvent dtre 
 filmte i des taux de rMuction diffirents. 
 Lorsque le document est trop grand pour dtre 
 reproduit en un seul cliche, il est filmd it partir 
 de I'angle sup^rieur gauche, de gauche k droite, 
 et de haut en bas, en prenant le nombre 
 d'images n^cessaire. Les diagrammes su'vants 
 illustrent la mdthode. 
 
 1 
 
 2 
 
 3 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
ff'- *■ 
 
 ST^S-AWft 
 
 OF 
 
 RELATING TO THE 
 
 DUTIES OF PATH-MASTERS & POUND-KEEPERS 
 
 Sto., Sto. 
 
 A By-Law to regulate the duties of Pathmasters, and 
 persons liable to perform Statute Labour, in the Muni- 
 cipality of Caradoc. 
 
 Whereas, i<y is necessaiy to regulate the duties of Pathmasters, and persons liable 
 to perform Statute Labour, w4thin the Municipality of Caradoc ; 
 
 It is, therefore, hereby enacted, by the Municipal Council of the Township of 
 Caradoc, That it shall be the duty of the several Pathmasterc, who shall be ^pointed 
 from time to time, within the Municipality of Caradoc ; and they are hereby severally 
 "'j*-" ""'nertiitend, make and keep in repair, the Highways, Roads and Bridges, 
 ,T^d tntto«. Jj— ■^*j, ■' ^-' ■' ^^ Labour 'k-iji visions, which ^Statute 
 
 
 r^ 
 
 (I 
 
 
K./ 
 
 , A 
 
 ST^SiAWft 
 
 OF 
 
 KBLATINO TO THE 
 
 DUTIES OF PATH-MASTERS & POUND-KEEPERS 
 
 Sto., Sto. 
 
 A By-Law to regulate' the duties of Pathmasters, and 
 persons liable to perform Statute Labour, in the Muni- 
 cipality of Caradoc. 
 
 ?^^f/^' iV! "f^T^^"^ *o regulate the duties of Pathmasters, and persons liable 
 to perf orm statute Labour, within the Municipality of Caradoc ; 
 
 fia^Ji ''ftTr'"u'nl^®''?®^*'*®^' ^y *^« Municipal Council of the Township of 
 tffJ^^' ^ *• ^* ^^^}^? *!>« <i«*y of tlie several Pathmasters, who shaU be appojited 
 Irom time to time, withm the MunicipaUty of Caradoc ; and they are herebyleveraUy 
 
 SlXl^iL^Xto^.^""^? *°^:'"M''«P»i^- t^e Highways, Roads ani Bridges, 
 f^kl ItT • °T'*,tl*^®"'/^^" thd|)Statute Labour Mivisipns, which i?tatut^4. 
 Labour al^^8,on8 Shall be the^ divisions M existing in the TZnshlp of Caradoror at 
 
 ^Jri P^u^'^*?^'* ^ ^ ""^^ °'" ^*«'*'? ^y *l^e Council of 8«*id Township ; and that 
 thfn<if A '.-^^ ^^^ °****'i® "f ^^« appointment to such office, shaU, on the 
 
 l\^l. J I xu^ J? ^P^' or some subsequent day, attend at such place as may be ap- 
 pinted by the Council, and then take arid subscribe to the Declaration of Office as by 
 law required ; which Declaration shall be duly certified by the person administerine 
 ^irTT: ^^ d^sited m the office of the Township Clerk ; thin every person, ap- 
 ?fiw 1 I ^'^ °^^ oi Pathmaster shall receive a list of all persons liable tb perform 
 statute labour, resident within the statute labour division ; also the number of days 
 eachpersonis liable to perform. 
 
 ^Jl^i ^^-^^ further enacted, by the authority aforesaid. That every such Pathmaflter, 
 atter having received such statute labour list, stall notify all persons within his di- 
 vision liable to perform statute labour ; and aftar having given six days' notice of the 
 frfLv ""^ ^u n *PP«i^*ed CO assemble for work, which notice may be deUvered, 
 «^Z. V?*^ ** * verbally, at the residence of said persons liable to work ; and shaU then 
 order them to work on such highways, loads and bridges within his statute labour di- 
 visipn, as, in bis opiuion, may appear most beneficial for the improvement of the said 
 «H h^T; '■f'*?^*^*! ^'"•iges •' and shall give to every person, who shall have complet- 
 
 SpvV.!lt!l i''"''^°/.*^*?**''^^'«''^'^»'^<i'a«^^^ ^^ ^^^^- that 
 
 ttoey have done their statute labour in the Township of Caradoc, for the then current 
 
 SwiiSip P''®''®''*^"*'^ persons from being called out again to work in any other 
 
 rnrr^t^tY '""['i'T enacted. That any person, liable to perform statute labour, may 
 S?Xrl ii^f" ^^h^'i !.*>« °'' ^^® "^y think fit, beforfor at the time the Path- 
 S^sfn7f„ K • ""i! r*'^^l ^"° ^'^ ^^""^ ""^ *^« "-o^iS' by paying the Pathmaster of the 
 division m which he or she resides, the sum oi one dollar forTvery day he or she may 
 
 m?.h St"? r^"^ ' ^/ ^"?.^ Pathmaster is required to receive the 4me in Ueu 't 
 ^arth^^^^ f''''''l^t^^^^^^''^^^yt''^^''^^^^^<'^^^^^^^^ shall seem best 
 S W A^?^ ^f*"* "i^}^ '^"*?*,« allotted to his division, when not otherwise instruct- 
 ed by the CouncU ; and the said Pathmaster shaU render an account for the same. 
 
 •f ■';■ 
 
 / 
 
 / 
 
And it is further enacted, That it shall and may be lawful for the P&thmaster, in 
 the ftciiual discharge of his duty, to direct the persons performing statute labour to cut 
 down any tree within the space of twenty five feet from the road side (not beins vaJ- 
 uable timber for building or fenqing), or un^erwood^ow^iig on any umnclosed lands 
 within his statute labout diivi^bli; that suoh Pathmaster ahall think necessary for the 
 purpose of improving the said road, doing no damage to the prexnises from whence 
 
 they are taken. 
 
 And be it further enacted. That ai)iy person liable to perform itatute labour, if 
 not commuted for as aforesaid, shall, either i^ person or bV an abk-bodied man m hw 
 itt'ad, tthder the direction of the PathmasW; work faithfully aiwl diligently on the 
 Haid roads, and shall bring with him such tools (useful for the purpose) as he may be 
 the owner of, and be directad by the Pathmaster so to bring, and every person liable 
 is required to work eight hours to each day's work, exclusive of the time of going 
 and returning to the place of work ; and eyery p^on possiBssed of a team of hor««s 
 or oxen, shaU send on every day, when required by the Pathmaster, a cart, or wag- 
 gon and team, and one able driver to drive the same, and each day ouch team and 
 driver works with the proper and neoesiary ^mp^^e.nts, shall be equivalent tio two 
 and one-h{^ days' personal labour for oiie man ; and that a team winiout .the neces- 
 sary implements, shall only be allowed at the rate of one day's woA ; and if anv per- 
 son, liable to perform statute labour, sliall reHio or neglect ^ w<»k faithfully, it 
 shall and may be lawful for the Pathmaatex, and he is herebv authorized to discharge 
 such negligent person, and such person shall be liable to such forfeitures wiiich every 
 such penbon would have incurred in case such person had not attended. 
 
 And be it further enacted. That any person liable to perform statute labour, shall 
 havb' power to cokipotilid for the same for a term iiot exceeding five years, at the rate 
 of one dollar for each day's labour, to be computed for the whole term, from the pum- 
 ber of days for which he or she is liable in the XW ™ which application has jMen 
 made to compound for the same, and that the wOrk, so com^tounded for, shall b^pexi- 
 formed under the dilution uf a conunisaioner' or compiissioners appointed by the 
 Coiincil.' . . 
 
 And' be it further enacted, That the several Pathmasters, in the several divi8iofl% 
 riiall cause all the statute labour under their direction and control ^ J be perforaed^ 
 and all moneys coming into their ^ando in iieu of attatirte labour tctbe ®*P5»<i#^ 
 tween £:h« first day of lAsty, and the first 4amol4^flfflW*,Vu»,««ic^ y!*H, •»<* ** 4«»ult 
 thereof, shall be liable J|o,be finedhn a sufliTtit exceeding twenty dollars, on, comr 
 pl«int of any ratepayer in the Mancipality, jbefore any Justice of the Peace ; the 
 same te be paid over to the Township Treasirer, to be expended on the roads within 
 such statute labour division in the succeeding year. 
 
 And be it further enacted. That in case it shall be necessary to repair any sudden 
 breach which may be caused in any of the public highways, by reason of any bridg? 
 givii'ig wS)' ; or any other casualty, or to remove any ibstructitin, it shall and may be 
 towful for the Pathmaster, in whose division the same may be ; and they are hereby 
 required to repair, remove or establish, or cause the same to be done by directing ary 
 
 Eerson or persons in the division, and liable to perfmm statute labour, to repair such 
 reach, or remove such obstructions ; and such Pathmaster shall give the person . or 
 persons so labouring a certificate, stating the number of day's labour performed in a4- 
 vance for the followinj^ year ; and which account of days, so certified, shall be taken 
 in whole or in part, as the case may be, by the Pathmaster for the succeeding year, 
 under whose direction such person may be liable to work, as so much labour perform- 
 ed in advance for that year ; and any person, who shall neglect or refuse to perf9rm 
 such labour when required, to work in advance as aforesaid, shall be liable to the 
 same penalties, and may be recovered and disposed of in the same way as is provided 
 for, neglecting to perform statute labour ; and the Pathmaster is hereby required to 
 niivide such labour among such persons as nearly equal as circumstances will permit. 
 And be it further enacted, by the authority aforesaid. That any person, liable to 
 perform statute labour within the Municipality of Caradoc, and not having commuted 
 for the same, who shall neglect or refuse, jrfter having been duly notified himself, or 
 send a sufficient ablebodied man in his stead, with euch waggon or teain as may be re- 
 quired by the Pathmaster at the time and place appointed, shall forfeit and pay the 
 sum of one dollar for each day he shall so neglect or refuse, the same to be recovered 
 on complaint of the Pathmaster by a wari-ant, under the hand and seal of a Magis- 
 trate, by distress and sale of the goods and chattels of the person or perspJis so offend- 
 ing, rendering the overplus (if any) to the party, after ded^ctujg, the penalty^ and. 
 
 
 > 
 
m^m 
 
 K 
 
 \ 
 
 «liarges attending anch distress snd dtle : Add tbb hiip6'i{t% of iuiy dibh fiiie or ^^> 
 alty, on any person, shitU, in no wise, release thfe p^rsotn froih perforinirig any axAv 
 required from him by this By-Law ; but he shall be liable to perform the same ^t aiiy 
 time within the current year, When called upon so to do, as though no such fine had 
 been imposed ; and in case a sufficient distress cahnot be fouhd, tne'n it shall and ma^ 
 <be lawful for the Magistrate, before whom suoh person is convicted, to commit him ip 
 the Oommon Jail of the County, for any time not exceedto^ six days, in case the 6iie 
 and costs are not sooner paid. ., 
 
 And be it hirther enacted, by the tot&ority afo^dsaid, That every Pathmaat^ 
 within the Municipality of Cftradoc, shAll tfsverallv qu^e a correct return of all ■pd^- 
 sons within their respective divisions who lire liaole to work on the hrghwaysj, and 
 of the labor performed or unperformed by aaijr persob liable to perforin or commute 
 for the same, and also of the moneys that have come ihtb his hands by vir^ of Eu 
 office, Mid of the expenditure of the same, which retum shall bo certined in writing 
 appended thereto, and they shaU deliver the sanie to the Clerk of the Mnnicijpi^ly 
 on or before the first day of Aujypist in each TMbr ; and every Fathmaster, who sbtul 
 neglect to make his retum as aroresaid, shul, for every such offence, foHeit acid pay 
 to the use of the Municipality, a sum not exceeding twenty dollars, which sum 
 and costs aittending conviction shall be recfovered in tbe Same manner as other for- 
 feitures are now by law recovered and collected. 
 
 Passed this fourteenth day of May, in the year oi our Lord, one thousand, eight 
 knndred and fifty-nine. 
 
 Signed, Simed, . ■ , . t > 
 
 EDWARD HANDY, ^jCMt>. CAUtWJL, 
 
 CtiRK. \ Rebve. 
 
 mr*%Aw m4* t4m. 
 
 duties of Pound-keepers q,i)d ^ence-viewers with re- 
 gard thereto, within the Municipality of Cai'f^dbd." 
 
 Whereas, it is expedient and necessary to exercise the authority vesied >in)is))y^^ 
 359th sec. of the 54th chap, of th6 Consolidated Statues for Upp^r Cantula^ it is tnW] 
 fore enacted by the Municipal Council of the TowhsMp of Caradoc, in open council 
 assembled : . , 
 
 1. That from and after the passing of this By-La^^ no. horse, coWm l>nll, ' »* 
 ttaa, goose, duck, breachy animal (known to bie sO), or swine under mty pouijid 
 weight, shall be allowed to run at large within the liinits. of this Miimcii)if^ty|. A^^., 
 in the event of any such animal being found running at lar^e, contrary to th^ ipfwy^, 
 ing provisions, it shall and may be lawful for'any'persori^ resident in the Tp'v^%p^, 
 to impound the same, although no damages be claimed'; such animi>tl to be {dealt wij(h' 
 by the Poundkeeper, in the same manner as herein provided, in cas^s inwj^ich, d^n^ 
 ages are claimed. And when any of the above eniimerated animajs is impounded for 
 damagedone thereby, it shall not be necessary to inijuire into the lawfufiiess of the 
 fence, around the premises, on which such daihage was donk . <t 
 
 2. It is further enacted, by the authority aforesaid. That a fence buil^' of ,90un(^ 
 materials, and not less than five feet in height, (if a wona fence, theyonn'|to be two^ 
 and-a-half feet from the centre line), the sp^e 'b^twiaen the bqards or raiia^. for thje^ 
 first two feet, not exceeding ^w, and, for the "remaindar of the height, ei^Ift inicheff,^, 
 shall be considered a lawful fen6e. But f ottV f e«t anid a halt shall, inallia^es,!^. con- 
 sidered a sufficient height for board and picket feMties' : aiiS fotir fee^ (independent of 
 the riders) for fences with stakes and riders. ■ ■ ,m •• ■'• i 
 
 3. It is further enacted. That when hoWfejj 6t honied cittle^i:^sJt.'^l^'^-|f«5n^e,j 
 it shall be sufficient that the Fence-viewers finid that the said' fence 'cotTesppn4<^ wi^ 
 the r«3quirements of this By-LaW, as to height onH* ; And; wW ^Wme hr^'t^ofiffhjk 
 fence, it shall be unnecetMlffy for the Fdncd^vitWers to' Md"k wiw Ai^il2 of&e sud 
 
i 
 
 iZ?^/«J\^ otherwiBo lawful, as aforesaid. And it shall, in all cases, be in the dis- 
 cretiou of the J« ence-viewers to say when a fence is sufficient as to strength and sound- 
 
 t^^JaJ^ is further enacted, That when lands belonging to, or occupied by, two or 
 ^Zl iff"* P^*'""'- Vu '^V'^'^^^d by a nond or creei, which is of itself a^iufficienj 
 t^^nUi.^'•'^^'"•^V^'°P'r"°i*^4^«"««-^»«^^^^^ ** « ^^ffi^^i^^t *<> prevent 
 fence ^^^"^ "' '"'"*'' **'" *^*' ^^'"^ ^^'^ ^« **^«" *» a lawful 
 
 ♦,-«n «„. ^f iu ^ n'^^'" ^""^^^^^ That ail animals of the descriptions enumerated in sec 
 To^.hi^^*^%®^'-^r\u"?^^''««'''°?*'»«"^«'' Thames from any of the ad oin'na 
 Townships, and withm the hmits of tlis municipality shall be liable to be impounded 
 
 «,«nf;,n.lV Z"'^*''' r*'''i^^^* '* «^^^ ^ **»« du*y of each Poundkeeper of this 
 mumcipality to provide a sufficient vard for the safe-keeping of such animals a^ shall 
 
 wate^r indSte^'^dtnwVfT ^11^^ V'^ "^^^ animalsUI. good and sufficient food 
 Pnnn^Tl il u"?? ^^^. "^^^^^ *'™« ^"'''^ animals remain impounded. And ever^ 
 
 Snft ^ P^^''^" Bhalfneglect or refuse to provide and supply such good and suS^ 
 r,« r1' T**^' and shelter, as aforesaid, shidl, for every /ayL so neglects or ^ 
 Ste^fbv^hVoTn^ o^^^ 'T *^*° T' o^'^of than^eluL ; whicKay b^ re- 
 thlpeace ""'°*^ *"■ *°*'"'^*'' ^^ P^-oc^edings before any Justice of 
 
 •hal/'af +U%!"'^^^'"®'^-^u*®**'^^***'*yP«"°» in^Poiinding any animal or animals 
 
 S^upLate st^t;^^^^^^^ thereafter, telivL to the PounTEep'- 
 
 !n«^» ^^+ !i • X °*" °^ ^" '^^'"ands agamst the owner thereof, for damagos fif 
 
 Si "^o^^^ceeding twenty dollars, for each of such animals, and shall at tKame 
 fc ^l^'t "^""^^ agreement under seal (with a surety, if required bv the PouS 
 nw? ^7M'^T-^'"'."*'"»y'^«in *te foUowing form :-I (or^we) wilf pav to the 
 Xch ^IK'^'k Vt^ *'^'°*^ *>' "»i°»»l« impounded] by me impounded STcoste to 
 
 S'Si^rbTate ^^:.S!s&^ ^-' *^« ^^^-' - ^-^^- nowtlt r b*; 
 
 twenVfiir hSof StlSf*^* T^ ^' *^^ ?"*y «? *H« Pound-keeper, within 
 whioh a «+n*o^^ I * J P**",°'^*"8 of any ammal or animals, against the owner of 
 
 I?8oi aftiaTlf« °yS?«« ^»« ^««° fii«d as provided in the foregoing section' ol 
 as soon after ^8 he farf^wcovere.^ to notify, tfie said owner thatslh jSiimal o?>anT 
 
 shafl^Z.+r" ^T''"^'^'^'* «^ *^« """""^^ «f damagesclaimed ^AnS^f tt ow^e; 
 Jh^iio/y^lV"^ • «*"• *^e amount thereof shall be determined by a majoritTof 
 
 ?ound?LeperreTvThT "^*^^ '"""^''T^^^^^^ of whom one shall be^hoS by Ve 
 An^ il^ P^ 'j T y *¥ P,*!:*y impounding, and one by the owner of the animal 
 polntmenrTd ofX'.- ^7^T'^^ ^^^^ *^« Fence-viewers so chosen of theTapl 
 ersThTwiSSn flit T' *"v? ^^"^% Z^- """*^"« ' ^l^e^eupon each of such Fence-view- 
 ers sHall within twenty-four hours of his receiving noticed aforesaid view the fence 
 ^ili.' ground upon which the trespass is allegelto have been committed a^d VhSl 
 
 BylT^atthe tSae'of'She^l '""^^7" l^H.^l^'^^^^g *« '^' pTSnTofth^ 
 fL i^' u 11 • . afcresaul trespass. If they find the fence lawful as aforP 
 
 suci; ^i deteo'T. P' 'r.'^'^' -dwithintwenVfourhourafter havi^ria^^^^ 
 «f fL^ T' V , r®*^*" t*ie Pound-keeper a written statement of their apuraisment an^ 
 
 tl^ r^V^'''-''«r^ ^y ** !«««* t^« «f them. And aLy FeTe-vTewer who 
 See .^S ^.f"""^ ^-^ ^"*^ as. arbitrator as aforesaid, when d?ly aZhSn acTor^ 
 
 SX owni^h^ «^+^ ^^'^''i ^!^' ^^ «^^S*^« ^th the damages awarded (if any) or 
 tise^Bu^ranimal or^i^^^^ *^«"' *^« Pound-keeper IhaS Sver- 
 
 the To^h n inol„^n„ ' P'ihjjshmg the same in three of the most public places in 
 Tine xownship, including one at the place in which such animal or animals are im- 
 
\^ 
 
 Eundod ; which advertisemont shall, in all cases, be put up (if the animal or animals 
 not sooner claim jd) within forty-eight hours after impounding, and shall contain a 
 description of the a.iimal or animals as nearly as can [><>S8ibly bo given, with the time 
 and place at which such sale is to take place— provided always, that eight clear days' 
 notice shall, in all caaoH, bu given. And, if the owner, or some other person for him, 
 does not redeem the same, before tlie expiration of the eight days' notice, by paying 
 to the Pound-keeper all lawful fees and charges, and the damages awarded by the 
 Fence-viewers (if any), the Pound-keeper shall proceed to sell such animal or animiJs 
 by auction to the highest bidder, at the time and place mentioned in the notices of 
 sale ; and, after deducting the costs and damages from the proceeds of the sale, re- 
 turn the suri)lu8 (if any) to the owner of the animal, but, it the owner is not known 
 to the Pound- keeper, and is therefore not apprised of the sale before the expiration of 
 th'- eight days above mentioned, and such animal or animals are of the value of ten 
 dollars or over, the sale shall bo postponed for at least six weeks longer (the 
 Found- keeper again advertising; the sale thereof, as aforesaid, and also publishing the 
 same for at least three successive weeks in a weekly newspaper published in the 
 county) ; after which the Pound -keeper shall sell the animal or animals as aforesaid, 
 pay all lawful fees, charges and damages, and retain the surplus (if any) for the full 
 term of four months (if not sooner claimed), and then pay the same to the Township 
 Treasurer, to be a part of the township funds. In all cases, a copy of the notice last 
 above mentioned shall be filed in the office of the clerk of the municipality. 
 
 11. It is further enacted, That if any "poiJt''y ' be found trespassing, and no%. 
 iice of such trespass be given to the owner thereof, he shall forthwith conhne such'^ 
 poultry, or otherwise prevent the repetition or continuance of such trespass ; and, if 
 he neglects or refuses so to do, he shall be subject to a fine of not less than one or 
 more than^ve dollars, to be impoued as hereinafter provided. 
 
 12. It is further enacted. That all fines and penalties imposed by this By-law 
 may be enforced, with costs, by a summary conviction under the Summary Convict- 
 ions Act, before any Justice of the Peace resident in the Municipality ; and in default 
 of payment the offender may be committed to the Conunon Jail of the County, there 
 to be imprisoned for any term not exceeding ten days ; unless the fine or penalty, and 
 costs (including the cost of such committal) be sooner paid. 
 
 13. It is mrtlner enacted. That in i^ cases ducks or ^w«ae may be sold after 
 eight clear days' notice. 
 
 14. It is further enacted, That at any time from the fifteenth of November to 
 the first of May in each and every year, it shall and may be lawful for any person res- 
 ident within the limits of this Municipality, to impound any horses, sheep, homed 
 cattle or pigs, found straying on or near his premises, provided he is of opinion thai, 
 such animal or animals are suffering from want of food or shelter. And it shall be t 
 the duty of the Poundkeeper within whose Division such person resides, to receive 
 such animai or animals, and to deal with the same in manner herein prescribed in the 
 case of animals otherwise impounded. And he shall include in the charges against 
 each animal so delivered to him, the sum of twenty-five cents, over and above all 
 other lawful fees and charges, which sum of twenty -five cents per head, he shall pay 
 over to the party impounding as payment for his trouble in the premises. 
 
 15. It is further enacted. That each of the under-mentioned oflScers shall, for 
 services under this By-Law, be entitled to the following fees, and no more : 
 
 POUND-KEEPERS. 
 
 1st — ENTRANCE FEES. 
 
 For every Bull and Stallion impounded fl 00 
 
 For every Horse, (Jolt, Boar or Ham 50 
 
 For every Sheep or Pig 10 
 
 For homed Cattle, under three years old, each 10 
 
 For horned Cattle, over three years old, each 20 
 
 For Geese or Ducks, each 03 
 
 2nd— FOR FSEDINa, WATERING, AND ATTENDANCE. * 
 
 For homed Cattle, under three years old, each, per day - - |0 15 
 
 For horned Cattle, over three years old, each, per day - 20 
 
 For Sheep, each, per day - - - - 04 
 
 For Hogs, each, per day - - - - 08 
 
For Howes, each, per day ..... 
 
 For Ducks and Ojeae, each, pir day .... 
 
 3rd— P>>R orilBR DUTIES. 
 
 For notifying Fence- viewers and ownon, each 
 
 For each mile of necessary travel (botli ways) to serve such notice 
 
 For advertising in newspaper (not including printer's bill) 
 
 For posting Notices ....-• 
 
 For selling oaoh lot ...--. 
 
 FENCE-VIEWERS. 
 
 For each day employed, each - 
 For any time less than half a day each 
 
 16. It is further enacted by the author ty aforesaid, That all Bylawi Inconsiit 
 •At with, or repugnant to, this Hy- law, are hereby repea ed. 
 
 i'assod this lat day of October, iu the year of our Lord, 1864. 
 Siened, Signed, 
 
 J. FERGUSON, THOrf. NORTHCOTT, 
 
 Oleak. Rkevk. 
 
 • 
 • 
 
 25 
 01 
 
 • 
 • 
 
 10 05 
 05 
 fiO 
 60 
 50 
 
 
 11 00 
 60 
 
 ^!f9 
 
 aOXrSOLZOATSD STATTTT Bg FO B TJFFEB OAITADA. 
 
 CH APTER L VII. 
 
 An Act respecting Line Fences and Water Courses. 
 
 Her Majesty, b} and with the advice and oonaent of the Legislative Council and 
 AMombly of Canada, enacts as follows : 
 
 1. Each of the parties occupying adjoining tracts of land, shall make, ke' p up, 
 and repair, a just pioportion of tne Division or line Fence, on the line dividing'sucb 
 tracts, and equally on either side thereof. l 
 
 2. Any Fence coming within the meaning of a lawful fence in Ay By-law of th« 
 MunicipM Council in that behalf is to be considered a laMrful fence, and when no 
 tuch By-law exists, any Fence-viewers, when called upon, are to exercise their own 
 judgment, and decide what they consider to be a lawful fence. 
 
 3. The owner of the whole or part of a Division or Line Fence, which forms 
 part of the Fence, inclosing the occupied or improved land of another person, shall 
 not takt down or remove any part of such fence : 
 
 1. Without giving at least twelve months' previous notice of his intention to 
 the owner or occui)ier of such adjacent enclosure. 
 
 2. Nor unless such last mentioned owner or occupier, after demand made upon 
 him, in writing, by the owner of such fence, refuses to pay thf»raior a sum to be deter- 
 mined, as providtd in the next sub- section. 
 
 3. Nor, if such owner or occupiei will pay to the owner of such Fence, or any 
 part thereof, uuch sum as three Fence- viewers, or a majority of them in writing, de- 
 termine to bto the reasonable value thereof. 
 
 4. When any land which has laid uninclosed or in common, is afterwards in- 
 closed or iraproven, the occupier shall pay to the owner of the Division or Line Fence 
 standing upon the divisional line between such land and the enclosure of any other 
 occupant or proprietor, a just proportion of the value thereof. 
 
 5. When a water fence, or a fence running into the water, is necessary, the sam« 
 is also to be made iu equal parts, unless the parties otherwise agree. 
 
 6. When lands belonging to, oi occupied by, different persons, are divided 
 from each other by any river, Brook, pond or creek, which of itselt is not a sulhcient 
 barrier, and it is impracticable to fence upon the true boundary line, the fence shall 
 be set up on one side of the river, brook, poad, or creek, or partly on oneside and 
 partly on tb« other, as may be just. 
 
 7. When it is the joint interest of parties resident, to open a Ditch or Water 
 Course, for the purpose of letting off surplus water from swamps or low miry lands, 
 in order to enable the owners or occupiers thereof to cultivate or improve the same 
 such several parties shall open a just and fair proportion of such Ditch or Water 
 (.'ourse, according to their several interests. 
 
 & 
 

 i 
 
 8. Three Fenceviewer« of the Municipality, or a majority of them, mav de- 
 cide all (liutnitoa between the owners or occuijante of adjoining lands, or landa so di- 
 vided or alfe«od »o be divided a^ aforesaid, in regard to their respective rights and 
 liabilities under this Act, and, also, all disputes respecting^the opening, making or 
 paying for Ditches a^d Water courses, under this Act. 
 
 9. Every determina^.ion or award of Fence-viewers shall be in writing, signed 
 by such of them as concur tliorain ; and tliey «h«l! transmit the same (or a certified 
 copy thereof I to the (Jlerk of the Municipality, and shall also deliver a copy to every 
 party requiring the same, and such determination or award shall be binding on the 
 parties thereto, 
 
 10. W^ien tie dispute is as to the commencement or extent of the part of the 
 fence to be made or repaired by either party, or as to the opening of a Ditoh or Wa- 
 ter Cou-se, or as to the pait, width, doptk, or extent that any peraon should open or 
 make, either party may, by writing, notify the Fence-viewers of the dispute, and 
 name in the notice for the invcsigation thereof, the time and place of meeting, and 
 shall also notify the other party to appear at the same time and place. 
 
 11- On receiving 8uch4notice, the Fence-viewers shall attend at the time and 
 
 filare named, and after being satisfied that the other^party has been also duly notified 
 hev shall examine the premises and hear the parties and their witnesses, if demanded • 
 ancf according to the subiect matter of the reference shall decide the commencement 
 or extent of tlie part of the fence which either part.y claims to have made or repaired 
 or refuses to make or repair ; or shall divide or apportion the Ditch or Water Course 
 among the several parties, having due regard to the interests of each in the opening 
 thereof; and shall fully determine the matters in dispute. 
 
 12. On any reference regardinjj the opening or making of a Ditoh or Water 
 Course, the Fence-viewers shall decide what length of time each of the parties shall 
 have to open the share.of the Ditch or Water Course, which the Fence-viewers da. 
 oide each such party shall open, and if it appears to the Fence-viewers that the own- 
 er or occupier of any tract of land is not sufficiently interested in the opening of the 
 Ditch or Water Course to make him liable to perform any part thereof, and at the 
 same time that it is necessary for the other party that such Ditch shouid be contin- 
 ued across such tract, they may award the same to be don« at the expense of such 
 other party ; and after such award, the last mentioned party may open the Ditch or 
 Water Course across the tract, at his own expense, without being a trespasser. 
 
 13. When by reason of any matcil.-vl change of circumstances in respect to the 
 improvement and occupation of adjacent lots or parcels of land, an award previously 
 made under this Act ceases, in the opinion of either of the parties to be equitable 
 between them, such party may obtain another award of Fence viewers by a like 
 mode of proceeding : and if the Fence-viewers called upon to make a subsequent a- 
 ward, find no reason for making an alteration, tho whole cost of the reference shall b« 
 borne by the party at whose instance it has been made. 
 
 14. If any party neglects or refuses, upon demand made in writing as aforesaid, 
 to open, or make and keep open, his share or proportion of the Ditch or Water Course 
 allotted or awarded to him by the Fence- viewers, within the time allowed by them, any 
 of the other parties may, after first completing his own share or proportion, open the 
 share or proportion allotted to the party in default, and shall be entitled to recover 
 not exceeding forty cents per rod for the same from the party so in default. 
 
 15. If after an award of the Fence-viewers, or after being required by a demand 
 m writing, by the party occupying the adjoining tract, or a tract separated therefrom 
 by a River, Pond, or Creek, a party in the occupation of any tract of land neglects op 
 lefuses, for a period of thirty days, to make or repair (as the case may be) his portion 
 of the Division or Line Fence between his tract and such adjoining or separated tract 
 or if the party making the demand neglects or refuses, for the like period!, to make or 
 repair his own proportion of the fence, either party, after first completing his own 
 proportion, may make or repair, in a substantitd manner, and cf good sound materiab 
 the whole or any part of the fence, which ought to have been made or repaired by the 
 other party, and may recover from him the value thereof. 
 
 ♦v V*" '^°*^*^®'"**'" *^®*'"0"I^* payable by any person who, under the authority of 
 this Act, makes or repairs a fence ; or makes, opens, or keeps open, any ditch or wa- 
 ter course, which another person should have done, and to enforce the payment of 
 such amount, the following proceedings shall be taken :— 
 
 1. Any of the persons interested, mayapply to a Justice of the Peace residing 
 withm the Municipality or Township, in which any such fence ia situated, and, if 
 
there be no such jujtice vosiding therein, then to any Justice of the Pfcaos residing in 
 auv adjacent Municir'ality or Township, and, thereupon, such Juaticts shall issuea sum- 
 muia under his hand and seal, directed, by name, to three tence-viewers, of the Muni- 
 cipality in T^'hich tbe fence is situateil, requiring them to attend at the place, and 
 cnt>ie day and hour therein mentioned, to view such fence, aud to appraise the same. 
 
 '2. The Justice shall, at the same time, issue a summons to the party so ha\mg 
 nedected or refused to make or repair his proportion thereof, (who shall henceforth 
 be coni'idered the defendant in the cag«), requiring him to appear, at the same time 
 and place, to show cause why the party claiming payment, (who shall henceforth 
 be considered the plaintiff in the case), should not rbt;over. ^ , ^ 
 
 3 The Fence-viewers shall be personally served with the summons, at lea't 
 four days before the day named for their attendance. . • • 
 
 4. If either party desires to procure t)y! attendance of any person to give eyi- 
 denoe b- fore the Fence-viowers, the Justice shall, upon the application of such party, 
 issue p, summons to such witness or witnesses, to attend before the Fence-viewers, at 
 the time and place mentioned in the summons to the Fenc )-v?ewer8. 
 
 5 The Feiice-viewors, when met at the time and place appcmted, dhaU when- 
 ever desired by either party, or, whenever they themselves think it proper, may ad- 
 mmister an o*th to any witness, which oath is to be .n the following form .•— 
 
 " You do solemnly swear, that you wiU true answer make to such questions as 
 may be askad of you by either of the Fence-viewers now present, touching the mat- 
 ters which they are now to examine and detomime. So help you (jroa. 
 
 6. The FenctA-viewers, or any two of them, bemg present, shall, after having 
 duly examined the fence and received evidence, determme whether that the plaiatitt 
 io entitlea to recover any and what suji from the defendant. 
 
 7 in case the commencement or extent of the part of the division or line fence 
 which each should make or repair, had not been previously detennmed by the award 
 of Ferse-viewers, the Fence-viewers named in the summons, or any two of them, 
 nnail determine tl . ^ime ; and, if they determine that the plaintiff is entitled to re- 
 cover from the defendant, they ahaU also state whet distance oi fence the defendant 
 
 nhculd have made or repaired. ^ i. . xv. _i. u n ^,r^ 
 
 8. The Fence-viewers, if required by either party, before they report, shaU give 
 to sunk pai-ty a p ty of theii determination. j j.x. ■ 
 
 9 TThe Feuco-viewers shall report their detenrinauon in writing, under their 
 hands, to tne Justice who ip^ued the summons, and such determination shaU be fanal. 
 
 10 '"^ Justice to whom the determmation of the Fence-viewers is returned, 
 shall tra-sinit the same w the Clerk of the Division Court having jurisdiction over 
 that part of the MunicipaUty, and shall certify and transmit a copy thereof to -he 
 CleriZ of the Municipality, to be entered in the book m which the Mumcipal proceed- 
 
 iucs are recorded. , . , ., , . • .• xv, 
 
 11. After the expiration of forty days from the tune of the determination, the 
 Clerk of the Division Court shall issue an execution against the goods and chattels of 
 the defendant, in the same manner as if the party in whose favour the determination 
 has been made, had reoo^rsred judgment in the Division Court, for the sum which the 
 Fence-viewei's hav3 determinod him to be entitled to receive, with costs. 
 
 17. The following fees, and no more, may be rec Jived under this Act, by the 
 
 persons mentioned, that is to say : — 
 
 To the Justice of the Peace. 
 For Sammo;:L; to Fense viewers, twenty-five cents. 
 
 For Subpoena, whioh may contain three names, twenty-favecentp ^ 
 
 i'or trauf.mitting copy oi Fence-viewers' determination to Division Oouii,, and to 
 
 Clerk of the Municipaaty, twenty-five cents. 
 
 To the Fi'we- viewers. 
 
 One dollar pet aay each ; if less thiti half a day employed, fifty cente. 
 To the Bailiff or Constable employed. 
 
 For servmg Summons or Subpoena, twenty cents. Miioage per day, six and two- 
 thirds cents. 
 
 To Witness. Per day, each fifty cents. , ., t, • i. 
 
 18. Upon the party in whose favour the determination of ihe Fence-viewers has 
 been made, making an affidavit, which the Clerk.of the D^ vision Court may adnumster, 
 ♦Uotsi'.f.h fcn^ha-'c ^?ftn duly naid' and disl-ursed to the persons entitled thereto, the 
 cierk 'shall inciude the amoiint thereof in the execution, and when collected, shaii 
 pay ~ "^ the same tc said party. 
 

 
 >i*j 
 
 1 
 
 in 
 
 
 
 d- 
 
 
 
 id 
 e. 
 
 
 
 I 
 
 
 
 16 
 
 
 
 "t 
 
 
 
 i- 
 
 
 
 at 
 
 a. 1 
 
 ■v.' 
 
 
 i- 
 
 
 §i: 
 
 t- 
 
 I 
 
 Be 
 rd 
 
 
 
 a, 
 
 
 
 at 
 
 
 
 X